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OFLC Announces Schedule for the Final Phase of Decommissioning the iCERT System

The DOL Office of Foreign Labor Certification (OFLC) announced that on May 1, 2020, the legacy iCERT System will be fully decommissioned and will no longer be accessible to account holders and the general public. Users will be redirected to the FLAG System. For updates from OFLC representatives on the new FLAG System

Electronic Filing of LCA’s to begin

DOL’s Office of Foreign Labor Certification (OFLC) announced that beginning September 16, 2019, stakeholders can prepare Labor Condition Applications (LCAs) for H‑1B, H‑1B1, and E‑3 visas in the FLAG System. The system will not permit submission of LCAs until 12:00 pm (ET) on October 1, 2019, and OFLC will accept submissions through iCERT until then. OFLC will post instructional videos on preparing LCAs using FLAG this Friday, September 13, 2019, and will host a webinar on the topic next Wednesday, September 18, 2019.

DOL Publishes Notice of Updates to Procedures for Processing H‑2B Applications

The DOL Office of Foreign Labor Certification (OFLC) published notice in the Federal Register that all applications filed on or after July 3, 2019, will be randomly ordered for processing based on the date of filing and the start date of work requested. The public may submit comments on these changes through April 2, 2019.

DOL Provides Update on H‑2B Processing

DOL posted an update on H‑2B processing, including information on how date and time stamps were assigned and why some users continued to see an outage banner after the iCERT system was restored on January 7, 2019.

DOL Provides Update on Cause of iCERT System Outage

DOL announced that the iCERT system is experiencing an outage due to the unprecedented demand for H‑2B certifications received within the first five minutes of the semi-annual H‑2B certification process, which opened on January 1, 2019, at 12:00 am (ET). DOL stated it is working diligently to resolve the issue and will give at least 24 hours’ notice before the iCERT system is reopened. DOL will provide another update tomorrow

DOL and DHS Publish Proposed Rules on Modernizing Recruitment Requirements for H-2A and H-2B Workers

DOL published a proposed rule for the H-2A visa program and, jointly with DHS, a proposed rule for the H-2B visa program to modernize recruitment requirements for both programs by replacing the currently required newspaper advertisements with electronic advertisements.

DOL Issues Round 10 FAQ on Post-Certification Corporate Restructuring and Definition of “Successor in Interest”

DOL released a Round 10 FAQ on the H-2A 2010 final rule providing guidance on corporate restructuring and “successor in interest” post-certification. Specifically, the FAQ addresses whether, under the H-2A regulations, the successor in interest can still use the certification issued.

DOL Releases Emergency H-2B Guidance on Implementing the 2016 DOL Appropriations Act

The 2016 Consolidated Appropriations Act (Public Law 114-113), signed into law on December 18, 2015, contains several provisions in Division H, Title I impacting the Office of Foreign Labor Certification’s (OFLC) administration of the H-2B temporary nonagricultural visa program.

DOL Change of Address

  1. DOL provided notice that the Office of Foreign Labor Certification (OFLC) National Office currently located in the Frances Perkins Building in Washington, D.C. is relocating within D.C. effective November 23, 2015. The notice includes the new contact information, but states that mail for the OFLC National Office should continue to be sent to the Frances Perkins building. A daily courier service will deliver mail to the new location.

Got Milk?

Today, DOL published in the Federal Register a final rule on the temporary agricultural employment of H–2A foreign workers in the field of herding and production of livestock on the range. The rule is effective on November 16, 2015, and implements a new wage methodology with a two-year transition period during 2016 and 2017, and full implementation beginning in 2018

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